Opinion
Case No.: 1:12-cv-00604-sKO
01-18-2013
RICHARD OCHOA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER GRANTING REQUEST FOR
EXTENSION OF TIME
(Doc. 18)
On January 18, 2013, the parties filed a stipulated request that Plaintiff be granted a second extension of time until February 8, 2013, to file an opening brief due to Plaintiff's counsel's workload and illness. (Doc. 18.) The Court GRANTS the parties' request. However, absent a showing of truly good cause, Plaintiff will not be granted any additional extensions in this action.
The Local Rules of the United States District Court, Eastern District of California, Rule 144(d) controls the time for requesting extensions and states that "[c]ounsel shall seek to obtain a necessary extension . . . as soon as the need for an extension becomes apparent. Requests for Court-approved extensions brought on the required filing date for the pleading or other document are looked upon with disfavor." The parties requested this extension on January 18, 2013, the day the opening brief was due pursuant to the previously granted extension. (Doc. 17.) While the Court will grant this extension, counsel is advised to strive to adhere to Local Rule 144 and to request an extension when the need becomes apparent, not when the filing is due.
Accordingly, IT IS HEREBY ORDERED THAT:
1. Plaintiff shall file an opening brief on or before February 8, 2013;
2. The Commissioner shall file a responsive brief on or before March 11, 2013; and
3. Plaintiff may file a reply brief on or before March 26, 2013. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE